Article 3 Amendment of the Firemen’s Pension Scheme Order 1992

After Part 2 of Schedule 1 (interpretation), insert—

“PART 3

Provisions relating to same sex couples

Marriage of a same sex couple

1.

(1)

Subject to paragraph 3, in this Scheme—

(a)

a reference to civil partnership is to be read as including a reference to marriage of a same sex couple;

(b)

a reference to civil partners is to be read as including a reference to a married same sex couple; and

(c)

a reference to a person who is in a civil partnership is to be read as including a reference to a person who is married to a person of the same sex.

(2)

Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, or a reference to a person whose civil partnership has ended) is to be read accordingly.

(3)

For the purposes of paragraphs (1) and (2), it does not matter how a reference is expressed.

Living together as a same sex couple

2.

(1)

In this Scheme—

(a)

a reference to persons who are not in a civil partnership but are living together as civil partners is to be read as including a reference to a same sex couple who are not married but are living together as a married couple; and

(b)

a reference to a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2)

Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as civil partners) is to be read accordingly.

(3)

For the purposes of paragraphs (1) and (2), it does not matter how a reference is expressed.

Continuation of marriage where Scheme member acquires new legal gender

3.

Where—

(a)

a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004^f1; and

(b)

at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the Scheme member’s widow is to be treated for the purposes of this Scheme as if the certificate had not been issued.”.